Helen,
I would say it is an infringement of privacy possibly bordering sexual abuse .
If I can turn this one round , I was photographing a wedding , the groom , best man and ushers were all wearing kilts . During the reception with drinks flowing freely in the hotel grounds two of the bridesmaids crept up behind the groom and best man and took " UPKILT " pictures ! I'm not sure what the outcome was but it did raise some smiles at the time , I found it quite funny seeing the flash go off inside their kilts .